The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-01-30
Arguments of .dnseI.

quiet manner is generally sufficient to
restore order at once, without the for
nal "Oyezl oyesl the Criminal oil
SHELBY countv is now open purs1an to
adjournment" Of the Sheriff. When
Gen. Peters stated that he had moth
ing additional to Offer, but would now
hear from counsel on the other side,
GRN. LUKE r. WRIGHT
rose to his feet and commenced ar
ranging his books in front of him on
the table, and from the number of
them it was qui'e plain that he too
had prepared himself with "much
law" to back up the various PROPOSE
tions to be submitted to the
court. "The learned counsel"
had started to speak very fully in re-
gard to the threats contained in the
litigated deposition, but was told by
the Court he was sustained on that
proposition. "Thsn l will pass on to
the nex'," eaid Gen. Wright. "But,"
interposed Gen. Pet.rs, "soms Of
thosa threats have no application to
the defendant, because they were not
intended for him, but other members
OF the family" 1.-THE expression
used" said Gen. Wright (reading from
the depositiop)-"I am prepared for
the Godwins and will get the drop on
them'-does this not apply as much to
the defendant as snyone2" 81 think
So" replied the Court, "and will per.
init it to go to the jury"
The speaker then passed on
to that portion of the deposit
ton containing the ISLANDERS of
the deceased in regard to Mrs. Annie
Polk aud other members of the God
win family. ave shall contend, may
it please the Court, that this evideu CO
is competent to show the effect it
would have on the mind OF the de-
fsndant 1t would seem that this
man had terrible luminosity to ward
the G0dwins, and never let an oppor-
tunity go by when he could crafty
his spite and pour out the deadly
poison of slauder and vilificatiou-at-
lacking the name OF John R Goodwin,
that Of Mr.. Polk. his son-iu-aw, aud
attacking the reputation of Mrs. Polk
for chastity aud vlrtue-the father,
the brother.in-law and the sister OF
the defendant. The defense will show
all these things were brought to
the knowledge of Russell Goodwin,
that they preyed upon him
like a nightmare and rendered him
unfit for business, and irresponsible
for his conduct at the time OF the
killing. This indictment charges that
Russell Goodwin willfully, mallciously
and premeditstedly murdered the de-
ceased. Haven't the jury the right to
know whether or not ne was in con-
dition Of mind to do thie? Are they
not entitled to all the light they can
get on this subjectP Isn't it Just as
important that they should know the
condition OF his mind at the time of
the killing "a 1t is for them to inquire
into any other fact connected with the
case2 And If we have the right to 20
into his mental statue, surely it would
be monstrous to say that we could
not show the causes leading up to
that status aud what effect they would
have upon a mind already pois-
oned and reason dethroned by long
and continued ISLANDERS aud insults. I"
Here the gentleman read numerous
reports from various States, including
our own, to show that this was a well
recogn ED principle of law, and had
been 30 adj Indicated time and again.
Among the many cases cited by Gen.
Wright was the Copeland case, de.
cided by our own Supreme Court, and
one probably as much commented
upon and quoted from as can be
found in any library in the country.
Here he went on to show how the
language applied by the learned Judge
in this case had direct application to
the facts in the case on trial. I'm the
Copeland case the defendant, who was
a woman, was tried and convicted
for the murder OF q woman
who had aliensted the affections
Of her husband. 1t was shown that
the poor woman had suffered under
this wrong and injustice until 1t had
rendered her insanely jealous. The
sight Of the other woman, with he re.
membrance OF her wrongs, dethroned
reason and threw her into state of
momentary insanity, when she was
not accountable for her acts, and
while In this condition che struck the
fatal blow and sent the guilty soul OF
her husbands paramour into eternity.
Judge Turley says this was not muir
der. Then, may II please the Court,
haven't we the right to show that for
months this young man has been
wrought upon and his mind kept in
continual disturbance Of the gravest
nature by the poitonous tales being
constantly aud continuously poured
into his ears, and that, too, for pc
riod covering many months, and after
the party circulating them bad been
made TO acknowledge that they were
false, and to promise that he would
desist fromeuch ISLANDERS 10 the future;
and then as soon as his back was
turned to repeat them, with more
added tbereto wasn't this enough to
produce Just such state Of mind 90
tn / described in the Copeland case ?
And, when the defendant came upon
him, who can say what effect the very